The stakes of a child pornography accusation are enormous and life-altering: potential prison time, mandatory lifetime sex offender registration, and devastating social isolation for you and your family.
California law and federal law both strictly forbid any involvement with child pornography, and the criminal penalties are severe.
Under California Penal Code § 311 it is illegal to possess, distribute, or create any visual depiction of a minor (under 18) engaged in sexual conduct.
Federal statutes (18 U.S.C. §§ 2251–2252A) mirror these prohibitions and often impose even harsher sentences—especially when the internet, interstate commerce, or international borders are involved.
As you might expect, because child pornography is typically shared online, many cases end up in federal court, meaning defendants face federal child pornography charges and penalties that can far exceed state punishments.
To secure a conviction, prosecutors must prove a pivotal element: knowledge.
In other words, they must show you intentionally obtained, sent, downloaded, or viewed images knowing they depicted an actual minor.
Challenging that knowledge element—along with scrutinizing how evidence was gathered—often determines whether a case ends in dismissal, a favorable plea bargain, or years behind bars.
Even if you believe you were falsely accused or that the situation was a misunderstanding, you cannot assume it will resolve itself. That’s why, if you or someone you love has been accused of possessing or transmitting child pornography, it’s absolutely vital to speak with an experienced Los Angeles child pornography defense attorney as soon as possible.
Early intervention by a skilled lawyer can protect your rights and start building your defense before charges snowball.
California’s child pornography laws (PC § 311)
California law defines “child pornography” as any film, photo, video, or other material that depicts a person under 18 engaged in sexual conduct (intercourse, oral sex, masturbation, etc.). This includes actual or simulated sexual conduct. Even images that are “just” nude or suggestive can still be illegal if a jury finds they were intended for sexual stimulation or are sexually explicit. Consent of the minor or the fact that 16 or 17 might be a legal age of consent in other contexts does not matter—under these laws, anyone under 18 in the picture or video is considered a minor, period.
Covered offenses
California Penal Code Sections 311.1 through 311.11 criminalize virtually every act involving child pornographic material. This includes:
- Possession with intent to distribute – Knowingly sending, transporting, duplicating, or possessing any child pornography with the intent to distribute it to others.
- Sharing or publishing – Knowingly developing, printing, duplicating, or exchanging child pornographic materials (for example, trading images or posting them online).
- Production – Hiring, using, persuading, or coercing a minor to participate in creating pornographic material (such as filming or photographing a minor in sexual situations).
- Advertising or selling – Advertising, selling, or distributing child pornography (for instance, running a website or business that offers sexual images of minors).
- Possession – Knowingly possessing or controlling any child pornography images or videos involving someone under 18 — even a single illicit image on your device can qualify as possessing child porn.
Penalties
Most state-level child pornography offenses in California are “wobblers.” This means the prosecutor has discretion to charge them as either misdemeanors or felonies. The decision often depends on the specifics of the case. For example, the quantity of material and any prior record matter.
- A misdemeanor conviction typically carries up to one year in county jail.
- A felony conviction can mean up to three years in California state prison.
In every case, any child pornography conviction triggers mandatory sex offender registration. Under California’s tiered registration system, this usually means at least 10 years on the registry. Often, it is longer, especially for felony convictions. These penalties are severe and come with lifelong consequences. For example, a conviction (even as a first offense) will make you a registered sex offender. This can restrict where you live and work. For repeat offenders or those with prior sex-crime convictions, the legal consequences grow even more severe. Prosecutors are far more likely to insist on felony charges and additional enhancements.
Families should also understand that even an acquittal or dismissed case will not automatically erase the social stigma attached to these accusations. Simply being accused can tarnish one’s reputation. In short, a child pornography charge is a life-altering event. Defending against it aggressively is the only way to avoid these outcomes.
Federal child pornography laws
Federal law broadly defines child pornography as any visual depiction of a minor (under 18) engaged in sexually explicit conduct. In practice, this covers photos, videos, and even computer-generated images or digital files that can be viewed as pictures. Notably, the law explicitly includes realistic computer or animated images that appear to show minors engaged in sexual acts, even if no actual child was used in creating the image. In other words, a CGI or Photoshopped image that is indistinguishable from a real child is treated as child pornography under federal law.
Importantly, any depiction of a minor that is sexually suggestive can be illegal even if no direct sexual act is shown. For instance, nude images of an underage teen posed in a sexual manner would qualify as “sexually explicit” under federal standards, even if the minor isn’t performing a sex act in the photo.
Another critical point is that the age of consent or legality in the place where the image was produced does not matter. If the person in the picture or video is under 18, it is child pornography under U.S. federal law. A common misconception is that if someone was 16 or 17 and it was legal for them to have sex in their home state or country, images of them might be legal — this is false. Any depiction of someone under 18 in a sexual context is illegal to possess, share, or produce, regardless of local age of consent laws or even if the minor purportedly “consented” to being photographed.
When do child pornography cases fall under federal jurisdiction?
You can be prosecuted under federal law whenever the offense involves interstate or foreign commerce. In modern terms, this usually means any use of the internet, email, or electronic communications. In practice, because most online activities cross state lines (servers located out of state, data routed internationally, etc.), U.S. Attorneys often take on child pornography cases that originate on the internet. Even a seemingly local act like emailing a photo or uploading a file can trigger federal child pornography charges.
It is not uncommon for someone to initially be investigated by local police, only to have federal agents step in once they realize the scope involves interstate file-sharing or international networks.
It’s also possible to face charges in both state and federal court for the same underlying conduct. State prosecutors (District Attorneys) can charge you under California law, and federal prosecutors can charge you under U.S. law. This does not violate double jeopardy because they are separate jurisdictions. In reality, the two often coordinate to determine which system will handle the case.
Federal agencies such as the FBI and Homeland Security Investigations (HSI, part of ICE) frequently work together with local law enforcement on child pornography investigations. For example, a local police detective might be part of an Internet Crimes Against Children (ICAC) task force alongside federal agents.
Generally, if there is any significant online component or distribution across state/international lines, federal prosecutors will step in. This is because federal laws carry stiffer penalties. State and federal authorities actively collaborate to ensure offenders face the maximum legal consequences possible. If the case can go federal, it probably will, because the punishment will be heavier.
Federal child pornography penalties
Federal penalties for child pornography crimes are significantly harsher than California state penalties. While state law might allow some first-time offenses to be charged as misdemeanors, federal law treats these crimes as serious felonies with mandatory prison terms.
Key federal penalties include:
- Production of child pornography (for example, taking photos or videos of a minor engaged in sexual acts) carries a mandatory minimum sentence of 15 years in federal prison for a first offense. It can go up to 30 years maximum per count. If someone has prior convictions for similar offenses, the minimum jumps even higher.
- Distribution or receipt of child pornography (for example, sending images to others, trading files, or downloading from the internet) carries a mandatory minimum of 5 years in prison, with a maximum of 20 years. Essentially, if you use the internet or mail to obtain or share illegal images, federal law imposes at least five years behind bars on a first conviction.
- Possession of child pornography (having illegal images without evidence of distribution) is also a federal crime. While possession alone does not have a set mandatory minimum for a first offense, it is still punishable by up to 10 or 20 years in prison (depending on the specific statute and the content involved). In practice, federal prosecutors often charge defendants with receipt or distribution (instead of simple possession) specifically to trigger the 5-year minimum sentence.
Furthermore, if certain aggravating factors are present in a federal case, the penalties increase dramatically. Aggravating factors can include images portraying very young children (for instance, prepubescent minors), depictions of sadistic or violent sexual abuse, or extremely large quantities of images. In such cases, the court can impose even longer sentences — in some instances effectively a life sentence. It is not unheard of for a defendant to receive 30, 40, or 50+ years in a federal child pornography case when multiple counts and aggravators are in play.
Every federal conviction also requires registration as a sex offender, typically for life. In addition, federal probation (supervised release) following prison can be extremely restrictive. It often includes computer monitoring, treatment programs, and limits on contact with minors.
Federal prosecutors and their state counterparts have a common goal of aggressive punishment. They often coordinate on these cases to ensure that offenders do not slip through the cracks with a lenient sentence.
In summary, both federal and state laws are unforgiving when it comes to child pornography. But the federal system in particular is where minor offenders can suddenly face decade-plus prison sentences. Anyone under investigation should be aware of this and seek legal help immediately to navigate the dual system of justice.
Prosecutorial trends in child pornography cases
Law enforcement’s focus on child exploitation has only intensified in recent years. The Department of Justice has noted a “historic rise” in the distribution of child pornography online. More images are being shared, and tragically, there is a trend toward younger victims.
With the explosion of internet file-sharing, social media, and encrypted messaging, there has been a corresponding surge in dedicated police efforts to identify and prosecute offenders. Local and federal authorities in Los Angeles treat child pornography cases as a top priority.
In Los Angeles and nationwide, multi-agency task forces aggressively investigate online child pornography networks. This often involves undercover agents posing in peer-to-peer file sharing forums or chat rooms. They trace known illegal files via their digital “fingerprints” (hash values) and follow the electronic trail left by users.
Police today use sophisticated digital forensics tools to trace downloads, IP addresses, and online communications. For example, if illegal images are shared via a BitTorrent network, investigators can often identify an IP address downloading or uploading that content.
Internet service providers and platforms are also actively reporting suspected child porn. Companies like Google, Facebook, and Dropbox are required by law to report any child pornography they detect to the National Center for Missing & Exploited Children (NCMEC). NCMEC generates CyberTipline reports to law enforcement.
This means you could become the target of an investigation without any “tip-off” from someone you know. The tip might come from an algorithm or a cyber detective.
If your case involves the internet (which is true of most modern cases), agencies like the FBI or HSI can be involved from an early stage. When they seize evidence on a computer or phone, it is routinely analyzed by specialists who know how to recover deleted files, examine browser history, and uncover any communication related to the illegal material.
Because modern child porn cases almost always involve digital media, prosecutors rely heavily on electronic evidence such as search histories, download logs, chat transcripts, and forensic examinations of seized devices.
In California, we often see local District Attorneys initially charge offenses under Penal Code 311 in state court. However, if there is any interstate aspect or a large volume of material, federal authorities will likely take over.
Once federal charges are in play, mandatory minimum sentences often become the driving factor in the case. As a result, plea negotiations tend to focus on finding ways to reduce counts or avoid certain harsh sentencing enhancements. For instance, perhaps pleading to a single count to avoid a consecutive stacking of multiple 5-year minimums.
In general, prosecutors are very reluctant to drop child pornography charges outright given the political and social gravity of these cases. While defense attorneys can sometimes persuade them to reduce a charge or recommend a lower sentence as part of a plea, outright dismissals without litigation are rare.
Most defendants end up considering a plea deal, but even pleading guilty to a reduced charge can still carry substantial prison time and long-term consequences.
For perspective, the U.S. Sentencing Commission has reported that in the majority of federal child pornography cases, judges sentence below the recommended guideline range. But that’s usually because the guideline ranges (boosted by various enhancements for number of images, use of a computer, etc.) are so extraordinarily high to begin with.
Even with judges sometimes exercising leniency, people convicted in federal court commonly face years in prison for these offenses.
And regardless of state or federal court, a conviction will almost certainly require sex offender registration (often for life or at least decades) and completion of counseling or sex-offender treatment programs as part of the sentence or probation.
The bottom line is that child pornography crimes are being pursued more aggressively than ever. Both federal and state law enforcement have dedicated resources to catch offenders.
If you are under investigation, you must assume that the investigators have sophisticated tools and significant determination to build a case against you.
This makes it all the more critical to involve a defense attorney early—before evidence is locked in and before charges are set in stone—so that you have an advocate who can push back against this well-oiled prosecution machine.
What to expect: the legal process
If you are facing child pornography charges, it helps to understand the roadmap of how these cases typically proceed. While every case has unique aspects, most follow a general timeline from investigation through potential trial and sentencing.
Below is an overview of what you can expect in a typical case:
1. Investigation and arrest
Child pornography cases usually begin with an investigation long before an arrest is made. During a child pornography investigation, law enforcement officers might be working behind the scenes for weeks or months collecting evidence.
Local police often work alongside federal agents. They may secure search warrants to inspect your computers, smartphones, external drives, and even cloud storage accounts for illegal images.
Undercover agents can also monitor peer-to-peer networks and other online forums for illegal downloads of child pornography. For example, an investigator might be silently connected to a file-sharing network and tracking users who download known child porn videos.
Often, the first sign that you are under investigation is a sudden search warrant raid at your home. Officers will seize any devices that can store data. They might detain you for questioning.
Because mere possession of child pornography is a crime, discovering prohibited images typically triggers an immediate arrest on the spot.
You should be aware that these offenses are treated as very serious, even if it’s a first arrest. Agents might show up early in the morning, and the encounter can be overwhelming.
It’s crucial to remain silent and contact an attorney as soon as you can. Many child pornography arrests stem from months of covert investigation, and by the time they knock on your door, the authorities likely believe they have a strong case.
However, what they believe and what is actually admissible or proves your guilt can be very different things. This is where your defense lawyer will later make challenges.
2. Booking and initial hearing
After an arrest, you will be booked (processed at the police station or jail, fingerprints and paperwork) and then brought before a judge for an initial hearing.
In California state court, if you are charged with a felony, the process includes a preliminary hearing where a judge examines whether there is probable cause to believe you committed the offense.
Think of this as an initial check on the prosecution’s evidence. The standard is much lower than at trial (the judge doesn’t determine guilt, just whether enough evidence exists to continue the case). But it’s an important stage where a good defense attorney can sometimes get charges reduced or even dismissed if the evidence is very weak or was obtained improperly.
After the prelim (or if you’re charged with any misdemeanors, which go directly to arraignment), you will have an arraignment. At the arraignment, the formal charges are read to you and you enter a plea (typically “not guilty” at this stage). This is also when discussions about bail happen if they haven’t already.
In federal court, the process starts a bit differently. Cases often begin with either a criminal complaint (supported by an affidavit from an agent) or an indictment from a grand jury.
Either way, you will have an initial appearance and then an arraignment in federal court where you are formally charged and enter a plea.
Federal judges are generally very tough about releasing people charged with child pornography offenses. Bail is often set very high (in the hundreds of thousands of dollars) or sometimes denied entirely. This is especially true if the prosecution argues you pose a risk to the community or a flight risk.
Retaining an experienced criminal defense attorney quickly is critical at this stage. Your attorney can advocate for reasonable bail conditions or even argue for your release on bond by showing ties to the community, lack of danger, and so on.
In some cases, our firm can appear on your behalf at early hearings, minimizing the stress and risk for you.
The bottom line: from the moment of that first court appearance, you need knowledgeable counsel guiding you through the process.
3. Discovery and motions
Once the case is underway, the next phase is discovery. This is when your attorney obtains all the prosecution’s evidence. In a child pornography case, discovery often includes forensic reports of any devices seized (listing files found, internet history, etc.), copies of the images or videos in question (which your lawyer can review but you typically cannot possess due to contraband rules), police reports, chat or email transcripts if any, and witness statements (for instance, from detectives or any informants involved).
This phase is crucial because it allows your defense team to assess the strength of the evidence and identify any constitutional or technical problems with how it was collected.
After reviewing discovery, your attorney will usually file pretrial motions. One of the most common and important is a motion to suppress evidence. We will scrutinize how the evidence was obtained — did the officers have a valid warrant? Did they stay within the scope of that warrant, or did they search areas/devices not covered? Was there any illegal search or seizure?
If officers conducted a search without proper authority (for example, no warrant and no applicable exception) or went beyond what a warrant allowed, we will argue to the court that the evidence should be thrown out. Successfully suppressing key evidence (such as the images found on your computer) can gut the prosecution’s case and sometimes lead to a dismissal or a much better plea offer.
We also challenge overbroad warrants (warrants that were like fishing expeditions) and any mishandling of digital evidence. Digital chain-of-custody is important; if the prosecution can’t prove that the files presented in court are exactly what was found on your device (untampered and obtained legally), that can create reasonable doubt.
Additionally, we might file motions to disclose the identities of confidential informants (if an undercover agent or informant was involved online), or motions to dismiss charges due to lack of evidence on certain counts. Effective pre-trial motions can limit what evidence the jury gets to see or even force the government to drop counts, significantly weakening their case.
This phase is very technical, and having a defense attorney well-versed in Fourth Amendment law and computer forensics pays off greatly here.
4. Plea negotiations or trial
Many child pornography cases are resolved through a plea agreement rather than a full jury trial, but the decision will depend on the evidence and your goals. Throughout the pretrial phase, a defense lawyer will also be communicating with the prosecutor, feeling out the possibility of a plea bargain.
In federal cases, the goal might be to reduce the number of counts or avoid certain sentencing enhancements in exchange for a guilty plea. For instance, if you are charged with five counts of distribution (each count carrying a 5-year minimum), a deal might involve pleading guilty to one count and having the other four dismissed, thus avoiding a potentially astronomic sentence.
In California state cases, plea negotiations might aim to take advantage of the “wobbler” nature of the offense — for example, getting the charge reduced from a felony to a misdemeanor, or agreeing to a lesser offense that does not carry a mandatory prison term.
If a satisfactory deal cannot be reached, we will proceed to trial. Going to trial is a serious decision, but sometimes it’s the best option if the evidence is flawed or if the prosecution is unwilling to offer an acceptable reduction.
At trial, the prosecution must prove each element of the offense beyond a reasonable doubt. Remember, you are presumed innocent until proven guilty, and the government has the heavy burden to convince all 12 jurors of your guilt.
Our job as defense attorneys is to highlight every gap or weakness in the prosecution’s case to prevent them from meeting that burden. During the trial, we will vigorously cross-examine the prosecution’s witnesses — often this includes computer forensic experts, law enforcement agents, and possibly any other witnesses involved in how the images were traced to you.
We challenge the authenticity and reliability of the digital evidence: for example, questioning whether someone else could have placed the files on your device, or whether the forensic analysis conclusively proves you viewed the images knowingly.
We may bring in our own experts to testify about how files can end up on a computer inadvertently or how an internet IP address might not uniquely identify a particular person.
Every piece of exculpatory evidence (evidence that favors your innocence or casts doubt) will be presented to the jury. The goal at trial is to raise reasonable doubt in the jurors’ minds — even one juror’s doubt can result in a hung jury, and a full acquittal if we prevail outright.
We prepare meticulously for these trials because the stakes are so high.
5. Sentencing
If you are convicted (either by a guilty plea or by being found guilty at trial), the case moves to the sentencing phase. In both state and federal court, a judge will determine the appropriate sentence within the bounds of the law.
In California state court, the judge often orders a probation officer to prepare a report (called a Pre-Sentence Report) that includes background on the defendant and the offense, and a recommendation. The defense can also submit a sentencing memorandum with arguments for leniency.
The judge will consider factors like your criminal history (or lack thereof), the specifics of the offense (how many images, the nature of those images, etc.), and any mitigating factors your attorney presents.
In federal court, the process is somewhat more rigid due to the U.S. Sentencing Guidelines and mandatory minimums. A federal probation officer will calculate a recommended guideline range for the sentence based on various factors and enhancements (for example, an enhancement if the material involved a prepubescent minor, another if a computer was used — ironically almost always true, and enhancements for large number of images, etc.).
Often these calculations yield extremely high ranges (e.g., offense levels that suggest decades in prison). The judge must follow any mandatory minimums but can sentence above the minimum if they see fit, or even below the guideline range if there’s a justification (known as a variance).
As your defense team, we will make mitigating arguments to the court to humanize you and argue for the most lenient sentence possible.
Mitigating factors might include the fact that you have no prior criminal record, that you did not produce any content and “only” possessed it, that you have taken steps toward rehabilitation such as therapy, or that you played a minimal role in any distribution (for example, perhaps files were shared automatically from your computer without your full knowledge).
We may present evidence of your good character, stable employment, support from family, and low risk of reoffending (sometimes through psychological evaluations) to persuade the judge that a lengthy prison term is not necessary.
In some state cases, it is even possible to argue for probation with counseling instead of jail, particularly if the offense was a lower-level possession charge and you are a first-time offender.
However, in many cases (especially federally), incarceration is likely. Our goal is to secure the shortest and least damaging sentence available under the circumstances.
The sentence will often include more than just incarceration: expect sex offender registration requirements, significant fines, years of supervised release or probation, mandatory counseling or treatment programs, computer restrictions, and other conditions.
We will advocate for terms that are reasonable and work to avoid any excessive or unnecessary penalties.
Ultimately, by the time we reach sentencing, we want to have positioned you in the best possible light so the judge can balance the punishment with your potential for rehabilitation.
Defense strategies
Being accused of a child pornography offense can feel overwhelming, but it’s important to remember that an accusation is not a conviction. There are numerous legal defenses and strategies that a skilled defense lawyer can explore to fight these charges.
Our approach is to scrutinize every aspect of the case for weaknesses or violations of your rights. Depending on the circumstances, we will employ one or several of the following defense strategies to protect you:
Fourth Amendment violations
One powerful defense in many child pornography cases is showing that the evidence was obtained through an unlawful search or seizure.
The Fourth Amendment to the U.S. Constitution protects you from unreasonable searches, meaning police generally need a valid warrant (or a recognized exception) to search your computers, phones, and home.
We examine whether the officers had a proper warrant and whether they stayed within the warrant’s scope. If they exceeded the permitted scope or if the warrant itself was deficient (for example, lacking probable cause or too broad in what it allowed them to seize), then the search may be deemed illegal.
Any evidence obtained from an illegal search or an improper warrant can be suppressed – in other words, the court would exclude those images or data from trial.
Without the digital evidence, most child pornography cases cannot proceed.
We will file motions and argue zealously to throw out any evidence that was collected in violation of your Fourth Amendment rights.
Even if officers had a warrant, we look closely at how they executed it. Did they search devices or files not described in the warrant? Did they continue searching after finding what they were looking for (a so-called “general rummaging”)?
Such actions can invalidate the search.
By holding law enforcement to the letter of the law, we can sometimes get key evidence thrown out, which often leads to charges being reduced or dismissed outright.
Entrapment
Entrapment is an affirmative defense that may apply if the government essentially manufactured the crime and induced you to commit an offense you otherwise would not have committed.
In the context of child pornography, entrapment scenarios might involve undercover agents in chat rooms or peer-to-peer networks who persuade someone to download illegal images or send them illicit files.
If you can show that you had no predisposition to commit the crime – meaning you weren’t actively seeking out child porn until an agent convinced or cajoled you into doing it – then entrapment could be a viable defense.
We would argue that the criminal idea originated with the government agents, not with you.
Courts have recognized entrapment in cases where, for example, federal agents spent months repeatedly mailing obscene materials to a suspect to tempt him until he finally ordered child pornography.
It’s a difficult defense to mount because the burden is on the defense to prove you were not predisposed, but in the right case it can result in a complete acquittal.
We will thoroughly investigate how any undercover operation was conducted.
All communications between you and any government informant or agent will be reviewed.
If we find that you resisted or showed hesitation and had to be talked into illegal activity, or that the agents employed extreme tactics to lure you, we will bring that to light.
Entrapment is essentially saying, “Yes, the act happened, but I was unfairly pushed into it by the government.”
It can be a strong defense if the facts support it.
Lack of intent or knowledge
Remember that pivotal element of knowledge we discussed – the prosecution must prove you knowingly possessed or distributed the illicit material.
We will vigorously challenge the idea that you intentionally or knowingly broke the law.
In today’s digital world, it’s quite possible for illegal files to end up on a device without the owner’s clear knowledge.
We explore scenarios such as: Was the computer shared by multiple people (family members, roommates)? Could someone else have downloaded the material? Did you perhaps click on something thinking it was legal adult pornography, only to unwittingly receive something else?
Sometimes filenames are misleading or a torrent download might contain surprise illegal content mixed in a folder.
Viruses or malware can also download files to a user’s computer unbeknownst to them.
Accidental possession is not a crime – the law punishes knowing possession.
We will point out any evidence that suggests inadvertent downloading or lack of awareness.
For instance, maybe the illegal images were found in a cache or temporary folder rather than a user-created folder, indicating they were not intentionally saved.
Or logs might show they were never opened or viewed.
We may also raise the possibility of a malicious actor placing files on your device (hacking, or someone with access downloading them to frame you).
By casting doubt on the intent element, we aim to show that the state cannot prove beyond a reasonable doubt that you knowingly possessed the material.
If the jury isn’t convinced you truly knew what those files were, they should acquit.
Even outside of trial, demonstrating a lack of intent can lead to better plea negotiations or lesser charges (for example, if the prosecution sees their evidence of intent is weak, they might offer a plea to a lesser offense).
Content challenges
Not every offensive or explicit image involving a youth meets the legal definition of child pornography.
One defense angle is to challenge the content itself.
We will scrutinize the images or videos in question (through legal means — usually the defense attorney is allowed to examine them in a controlled environment).
Our goal is to see if the content truly shows what the prosecution claims.
For instance, is the conduct actually “sexually explicit” as required by law?
Sometimes pictures may be deemed lascivious or sexual by an overzealous investigator when in fact they might be art, or non-sexual nudity, or simply not as clear-cut as alleged.
We can bring in expert witnesses, such as forensic pediatricians or image analysts, to testify about the content.
If an image is grainy or ambiguous, an expert might say it’s not possible to conclusively tell if the person is under 18 or if the conduct is sexual.
In other scenarios, a defense could be that the image is computer-generated or altered in a way that it does not involve an actual minor (though as noted, realistic computer-generated images are illegal if they’re indistinguishable from a real minor, but some artwork or cartoons that clearly do not involve real children might not be illegal).
We will ensure that the court strictly adheres to the legal definitions — “sexually explicit conduct” has specific meanings, and if an image falls outside that definition, it isn’t legally child porn.
By raising content-based defenses, we might get certain counts dropped (if, say, a few images out of many are borderline, we can fight to exclude those) or at least give the jury pause about whether the prosecution has met its burden on those elements.
Age of the subject
Another fundamental element: the prosecution must prove the person depicted in the image or video is under 18.
While this is often obvious, there are cases where age is not so clear.
Perhaps the images are of older teenagers who could be 17 or could be 18 or 19.
Or maybe the files are video clips with no identifying info about the participants.
Proving age usually requires some additional evidence — it could be testimony from the victim (if known and if actually underage), an investigator’s certification that the images were known child porn from a database, or expert testimony that, based on development, the person is definitely a minor.
We will force the prosecution to prove the age of the subjects in the images.
If there is any uncertainty, that’s fertile ground for reasonable doubt.
Our team can investigate by looking for metadata in the image files (sometimes digital pictures have embedded data that might, for example, indicate it came from a series known to law enforcement).
We also might track down where the images originated — in some cases, images floating on the internet might actually be 18- or 19-year-old models who looked younger (this is not common with genuine child porn, but it’s not impossible that a picture could be misidentified).
We can use expert witnesses to estimate age if needed, or point out the lack of proof.
If the government cannot firmly establish that each person depicted was under 18 at the time, then the charge fails for that count.
Even raising questions like “Has any victim or original producer been identified to confirm this was a minor?” can sow doubt.
In one real example, a defendant was able to avoid conviction on certain images because the defense showed the photos came from a legal adult website (the prosecution had made an assumption based on appearance).
While that scenario is rare, it underscores the importance of not taking the state’s word for it on any element.
Mitigating factors
When the evidence of wrongdoing is strong (for instance, the illegal files are unquestionably found on the defendant’s devices), the focus may shift to mitigation — factors that can lessen the severity of the offense in the eyes of a judge or prosecutor.
It’s important to distinguish mitigation from an outright defense; these factors might not get you acquitted, but they can influence outcomes like charge severity, plea terms, or sentencing.
We will gather and present any and all information that casts you in a humanized, sympathetic light.
This can include mental health conditions or disorders that may have contributed to the situation.
For example, some individuals charged with possession of child pornography suffer from depression, anxiety, or other issues that led to obsessive internet behavior.
Others might have a form of compulsive sexual behavior or psychological addiction to adult pornography that escalated, and they need treatment rather than solely punishment.
We may have you undergo a psychological evaluation to document any underlying issues (such as an addiction or a compulsive disorder).
Participation in counseling or a rehabilitation program early on can demonstrate to the court that you’re proactively addressing any problematic behavior.
We also emphasize if you have an otherwise clean record (no prior offenses), strong family support, and a willingness to cooperate with therapy and supervision.
These can support arguments for alternatives to a long prison term, especially for non-violent offenders who downloaded illegal material but never harmed a child directly.
Sometimes we can negotiate for a plea that includes a treatment-focused sentence (for instance, a shorter jail term followed by intensive probation with counseling).
Additionally, part of mitigation is ensuring the evidence handling was proper — we will scrutinize the chain of custody of digital evidence, making sure nothing was planted or tampered with.
If we find any sign of evidence manipulation, that becomes a defense issue as well.
While mitigating factors don’t excuse the offense, they can significantly influence the direction of the case.
Our goal is to show that you are not a stereotypical monster but a person who, if mistakes were made, can be rehabilitated.
This perspective can sometimes persuade a prosecutor to offer a plea to a lesser charge or persuade a judge to be more lenient in sentencing.
Each case demands a meticulous, tailored approach.
We know that a one-size-fits-all defense doesn’t work, especially in complex digital evidence cases.
That’s why our team leaves no stone unturned.
We comb through every forensic report, we revisit every procedural step in the investigation, and we research every applicable case law that might help.
We leverage every weakness in the government’s case — whether it’s a technicality in how the warrant was written or a reasonable alternative explanation for the evidence — to protect your rights and fight for your freedom.
Our ultimate aim is to either get the charges dismissed or, if that’s not possible, to position you for the most favorable outcome achievable.
Why hire the Helfend Law Group?
When your future is on the line, experience matters.
The Helfend Law Group brings over 40 years of criminal defense expertise to the table, with a proven track record of success in difficult cases.
Attorney Robert M. Helfend has practiced exclusively in criminal defense since 1984. In that time, he has successfully defended more than 4,000 cases ranging from routine misdemeanors to complex federal felonies.
This includes extensive experience as a sex crime defense attorney, handling cases involving internet pornography and child exploitation allegations.
Our law firm knows the nuances of California’s child pornography laws and federal law, and we stay on the cutting edge of defenses in this specialized field. We pride ourselves not only on our experience, but also on our results.
The firm’s recent victories include getting serious charges dismissed and winning dramatic jury acquittals. For example, we have had attempted murder charges dismissed entirely before trial, and obtained rapid “not guilty” verdicts in tough cases such as firearm enhancement trials that other attorneys thought were unwinnable.
In the realm of sex crimes, we’ve achieved favorable resolutions in cases that seemed overwhelming at first — from persuading prosecutors to reduce charges, to securing probation in cases that initially looked prison-bound.
Our track record speaks for itself: we fight for our clients and we know how to win.
What sets us apart is our willingness to take difficult cases to trial when a plea is not in your best interest. Some lawyers might pressure clients to accept a deal in every case; at Helfend Law Group, we assess what is truly best for you.
If that means going to trial to fight for your innocence, we are fully prepared to do so and have the courtroom skill to back it up.
We prepare every case as if it will go to trial — that thorough preparation often leads to better plea offers, but it also means we’re ready to go the distance if needed.
When you hire our firm, you get a dedicated defense attorney who will personally handle your case from start to finish, supported by a team of investigators and experts as needed.
We understand how frightening and isolating it is to face a child pornography charge, and we make it our mission to stand with you every step of the way, ensuring your voice is heard and your rights are protected.
Contact us for a confidential consultation
If you or a loved one is facing child pornography charges in Los Angeles, don’t wait to get help. Contact the Helfend Law Group at 800-834-6434 for a free, confidential consultation about your case.
We will listen to your story without judgment and provide straightforward guidance on your options.
Everything you share with us is protected by attorney-client privilege, so you can speak openly about what happened. Early intervention by an experienced defense lawyer can mean the difference between a dismissal or reduced charges and years in prison.
The prosecution is already building a case against you — start building your defense now.
Call us today at 800-834-6434 and let us put our experience to work for you.
Published January 22, 2013. Updated June 27, 2025.
References
- California. Legislature. California Penal Code § 311 et seq. California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=311.&lawCode=PEN. Accessed 2 May 2025.
- United States, Congress. United States Code. Title 18, §§ 2251–2252A. Government Publishing Office, https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter110. Accessed 2 May 2025.
- United States Sentencing Commission. Federal Sentencing of Child Pornography Non‑Production Offenses: 2022 Report to the Congress. United States Sentencing Commission, 2022, https://www.ussc.gov/research/research-reports/federal-sentencing-child-pornography-non-production-offenses. Accessed 2 May 2025.
- United States Department of Justice. Child Exploitation and Obscenity Section. Annual Report 2024. U.S. Department of Justice, 2024, https://www.justice.gov/criminal-ceos. Accessed 2 May 2025.